Abstract

On the same day that two Australians were executed in Indonesia, a very important case was being argued in the Supreme Court of the US. Glossip v Gross deals with a fundamental issue relevant to US death penalty cases, i.e. whether a very specific three-drug protocol, which is to be used in Oklahoma in the execution of numerous prisoners on death row, would constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution. Essentially, the Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture. The US Supreme Court has ruled that the cruel and unusual punishment clause also applies to the states. The phrase originated from the English Bill of Rights of 1689.

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